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Protecting Queensland's Cultural Heritage

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Protecting Queensland's Cultural Heritage ELECTRONIC VERSION PROTECTING QUEENSLAND’S CULTURAL HERITAGE: THE REGULATORY FRAMEWORK RESEARCH BULLETIN NO 7/96 CHARLOTTE GRIGG QUEENSLAND PARLIAMENTARY LIBRARY Publications and Resources Section BRISBANE July 1996 ISSN 1324-860X ISBN 0 7242 6992 4 © Queensland Parliamentary Library, 1996 Copyright protects this publication. Except for purposes permitted by the Copyright Act 1968, reproduction by whatever means is prohibited, other than by Members of the Queensland Parliament in the course of their official duties, without the prior written permission of the Parliamentary Librarian, Queensland Parliamentary Library. Inquiries should be addressed to: Director, Publications & Resources, Queensland Parliamentary Library, Parliament House, George Street, Brisbane. Director: Ms Mary Seefried. ABSTRACT The need to conserve our cultural heritage has been increasingly recognised in Australia in the last 20 years. This Research Bulletin examines the legislative framework for the protection of cultural heritage in Queensland. It covers relevant international conventions to which Australia is a signatory, Commonwealth and State legislation, and, to a lesser extent, local government laws. The provisions of the primary Queensland legislation, the Queensland Heritage Act 1992, are explained in detail and court cases which have impacted on the operation of the Act are outlined. The financial assistance available for cultural heritage conservation and the role of the National Trust in this area are also discussed. CONTENTS 1. INTRODUCTION............................................................................................ 1 1.1 WHAT IS CULTURAL HERITAGE?................................................................... 1 2. INTERNATIONAL CONVENTIONS............................................................ 2 2.1 THE WORLD HERITAGE CONVENTION........................................................... 2 2.2 THE VENICE CHARTER & THE BURRA CHARTER........................................... 4 3. COMMONWEALTH LEGISLATION .......................................................... 4 3.1 THE AUSTRALIAN HERITAGE COMMISSION ACT 1975 ................................... 5 3.1.2 The Australian Heritage Commission ............................................... 5 3.1.3 What is the National Estate? ............................................................ 6 3.1.4 Implications of National Estate Listing............................................. 7 3.1.5 Queensland Examples ...................................................................... 8 3.2 THE WORLD HERITAGE PROPERTIES CONSERVATION ACT 1983 .................... 8 3.3 THE ABORIGINAL AND TORRES STRAIT ISLANDER HERITAGE PROTECTION ACT 1984...................................................................................................... 9 3.3.1 Protective Declarations.................................................................. 10 3.3.2 Discovery of Aboriginal Remains................................................... 11 3.4 THE PROTECTION OF MOVABLE CULTURAL HERITAGE ACT 1986................ 11 4. QUEENSLAND LEGISLATION.................................................................. 12 4.1 HERITAGE BUILDINGS PROTECTION ACT 1990 ............................................ 13 4.2 QUEENSLAND HERITAGE ACT 1992 ............................................................ 13 4.2.2 The Heritage Council..................................................................... 15 4.2.3 The Heritage Register.................................................................... 15 Criteria for Entry.......................................................................... 15 Proposals for Entry in Register ..................................................... 16 Objections and Appeals................................................................. 17 Entry in the Heritage Register....................................................... 18 4.2.4 Certificate of Immunity.................................................................. 18 4.2.5 Development of Listed Places ........................................................ 18 Development by the Crown............................................................ 20 4.2.6 Heritage Agreements ..................................................................... 21 4.2.7 Stop Orders & Other Penalties....................................................... 22 4.2.8 Cultural Relics ............................................................................... 23 Restricted Zones & Protected Areas .............................................. 23 4.2.9 The Valuation of Heritage Properties............................................. 24 4.2.10 The Advance Bank Case .............................................................. 25 4.3 THE CULTURAL RECORD (LANDSCAPES QUEENSLAND AND QUEENSLAND ESTATE) ACT 1987...................................................................................... 26 4.3.2 Designated Landscape Areas ......................................................... 27 4.3.3 Acquisition and Ownership of Land and Objects............................ 28 4.3.4 Surveys, Excavation and Research................................................. 28 4.3.5 Indigenous Burial Remains ............................................................ 29 4.3.6 Register of the Queensland Estate.................................................. 29 4.4 QUEENSLAND PLANNING LEGISLATION....................................................... 30 4.4.2 The Draft PEDA Bill ..................................................................... 31 4.4.3 Brisbane City Council - Heritage Protection .................................. 33 5. FINANCIAL ASSISTANCE FOR CULTURAL HERITAGE CONSERVATION ............................................................................................ 35 5.2 QUEENSLAND GOVERNMENT GRANTS PROGRAMS...................................... 36 5.3 TAX INCENTIVES FOR HERITAGE CONSERVATION ....................................... 37 6. THE ROLE OF THE NATIONAL TRUST ................................................. 38 BIBLIOGRAPHY ............................................................................................. 41 APPENDIX A .................................................................................................... 45 APPENDIX B .................................................................................................... 47 Protecting Queensland’s Cultural Heritage: The Regulatory Framework Page 1 1. INTRODUCTION ...heritage [is] ...the name we give to those valuable features of our environment which we seek to conserve from the ravages of development and decay.1 In the last few decades, conservation and heritage issues have become significant to the general public, and therefore to governments and administrators. The need for wilderness preservation, national parks, species conservation, the protection of indigenous artefacts and cultural activities, and the conservation of buildings, historic sites and townscapes has been established. Numerous government and non- government bodies are now working towards the conservation of our heritage. The concepts of conservation and heritage can be broadly divided into two areas: the conservation of our natural heritage and the conservation of our cultural heritage. Both natural and cultural heritage have economic, social, political and scientific significance to the broader community.2 This Research Bulletin is restricted to discussing the legislative framework for the protection of Queensland’s cultural heritage. 1.1 WHAT IS CULTURAL HERITAGE? There are many different definitions of the term cultural heritage. Heritage experts may often use alternative terminology, including cultural property, cultural resources, heritage places, etc. While there are common themes and similar definitions in the different pieces of legislation outlined in this Research Bulletin, there is little overall consistency in terminology in them, which can be confusing. In its broadest sense, cultural heritage can include all the manifestations of humanity: buildings, landscapes, artefacts, literature, language, art, music, folk traditions and cultural institutions. However, much of the legislative framework for the protection of cultural heritage focuses on those types of cultural heritage which are represented in identifiable places or which are moveable objects. 1 Graeme Davison & Chris McConville, A Heritage Handbook, Allen & Unwin, 1991, p 1. 2 Michael Hall & Simon McArthur, ‘Heritage Management - An Introductory Framework’, in Heritage Management in New Zealand and Australia - Visitor Management, Interpretation and Marketing, eds Michael Hall & Simon McArthur, Oxford University Press, Auckland, 1993, pp 1-17 (pp 4-9). Page 2 Protecting Queensland’s Cultural Heritage: The Regulatory Framework Places and items of cultural heritage are a scarce and non-renewable resource. Once destroyed they cannot be regenerated, reintroduced or duplicated. Their value to society has been recognised in different ways throughout the history of civilization. The first heritage legislation in relatively modern times was enacted to protect monuments in Sweden in 1666. Today it is also recognised, especially in times of such rapid change, that a community’s cultural heritage contributes to its sense of place and identity which future generations have the right to share. 3 Not all places or items of cultural heritage can be, or should be protected and conserved. One of the major roles of heritage legislation is
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